DECEMBER 2022

VOlUME 05 ISSUE 12 DECEMBER 2022
Legal Review of the Cancellation of Peace (Homologation) of PKPU Savings and Loans Cooperatives and their Legal Consequences (Case Study of Supreme Court Decision Number: 874 K/ Pdt.Sus -Bankrupt/2022)
1Ragiel S Darsosuwongso,2Darminto Hartono Paulus
1,2Master of Law, Universitas Diponegoro, Semarang, Central Java
DOI : https://doi.org/10.47191/ijsshr/v5-i12-43

Google Scholar Download Pdf
ABSTRACT

This article aims to find out the insolvency that occurred for the cancellation of the pkpu peace (homologation) in the Savings and Loans Cooperative and the legal consequences that occurred for the insolvency. This research uses normative or doctrinal legal research methods that are perspective or applied. This research uses primary and secondary sources of legal material. The analyst technique used is the syllogism method which uses a deductive thinking pattern. Based on the results of this study can be concluded. The analyst technique used is the syllogism method which uses a deductive thinking pattern. Based on the results of this study can be concluded. The cancellation of peace (Homologation) for the Cassation decision with Register Number: 874K/ Pdt.Sus -Bankruptcy/2022 resulted in the bankruptcy of the Intidana Savings and Loan Cooperative and had an impact on the dissolution of the Intidana Savings and Loans Cooperative. In this case, based on Articles 170, 171, 291 of Law No. 37 of 2004 concerning Insolvency and PKPU as well as Articles 46 and 47 of Law No. 25 of 1992 concerning Cooperatives. In addition, the legal facts state that the Intidana Savings and Loan Cooperative (defendant) has neglected its agreement on the peace agreement (homologation) causing the losses suffered by the plaintiffs. Meanwhile, the legal consequences of Decision No. 874K / Pdt.Sus -Bankrupt / 2022, namely the Intidana Savings and Loans Cooperative cannot manage, control the cooperative's property and lose the ability to carry out legal actions that provide losses to bankruptcy assets. In addition, another impact was the dissolution of the legal entity of the Intidana Savings and Loans Cooperative which resulted in the Cooperative being unable to operate and resume its business.

KEYWORDS:

Annulment of Peace (Homologation), Insolvency, Cooperatives, Curators

REFERENCES

1) Alusiato Hamonangan , Muhammad Ansori Lubis, Mhd Taufiqurrahman , Rudolf Silaban , The Role of Curator for Limited Liability Company Bankruptcy , Journal of Community Service Maju Uda , Darma Agung University Medan

2) Benuf, Kornelius, and Muhamad Azhar, 'Legal Research Methodology as an Instrument to Analyze Contemporary Legal Issues', Gema Keadilan , 7.1 (2020), 20–33

3) Chidir Ali, Legal Entity , (Bandung: Alumni, 2005).

4) Diantha , IMP (2017). Normative Legal Research Methodology in Justification of Legal Theory. Jakarta: Kencana Prenada Media Group.

5) H. Zaeni Asyhadie and Budi Sutrisno, Corporate and Bankruptcy Law, Erlangga Publishers, Jakarta, 2012.

6) Hmm Purwosutjipto, Basic Definitions of Indonesian Commercial Law (Civil Partnership Law) , Volume i, (Jakarta: Djbatan , 1982),

7) Kurniawan, Corporate Law: Characteristics of Legal Entities and Not Legal Entities in Indonesia, First Ctk, Genta Publishing, Yogyakarta, 2014.

8) Nugraha, Reka Aditya, 'Juridical Analysis of Legal Protection for Surety Providers and Obligations to Principals Declared Bankrupt', Journal of Law Review , 17.2 (2017), 12–21

9) Qamar, N. & Rezah, FS (2020). Legal Research Methods: Doctrinal and Non-Doctrinal. Makasar: CV. Social Political Genius (SIGn ).

10) Setiato, Verina Yuwono, 'Personal Responsibility of the Board of Directors in a Bankrupt Limited Liability Company' (Airlangga University, 2017)

11) Sri Zulhartati, The Role of Cooperatives in the Indonesian Economy, IPS, FKIP, Tanjungpura University, Pontianak.

12) Suhardi, Moh. Taufik Makarao, and Fauziah. Cooperative Law of Micro, Small and Medium Enterprises in Indonesia, Academic Publishers , Jakarta, 2012.

13) Tri Budiyono, Christina Maya Indah Susilowati, 'Cooperative Management in Salatiga', Legal Issues , 46.3 (2017), 257–66

14) Widjajati, Erna, 'Responsibilities of Directors of Limited Liability Companies Declared Bankrupt' (Krisnadwipayana University, Jakarta., 2017)

VOlUME 05 ISSUE 12 DECEMBER 2022

Indexed In

Avatar Avatar Avatar Avatar Avatar Avatar Avatar Avatar Avatar Avatar Avatar Avatar Avatar Avatar Avatar Avatar